Thoughts from the NAC Chair: Social Nudism in Michigan – The Defining Case

Thoughts from the NAC Chair: Social Nudism in Michigan – The Defining Case

Social Nudism in Michigan-The Defining Case 

Hildabridle vs. State of Michigan 

Many states in the US have laws against “indecent exposure” which in Michigan is defined as “…any open, indecent exposure of his or her person or the person of another.” Hardly definitive…and, in fact, this vague and non-specific prohibition provided an open door opportunity for any zealous or self-righteous police officer or other authority to harass, arrest or threaten citizens who were sunbathing nude or recreating at a nudist resort. Yes, in the 1950s nudist resorts were not immune from raids by police of the sort made on illegal gambling dens, drug distributors or human traffickers.

The Raid 

In 1956 just this sort of zealous Battle Creek City police detective, aware of the existence of Sunshine Gardens Nudist Resort in nearby Bedford Township (about 3 miles from where the author lives) decided to pay a visit to the resort. 

This detective who asked a State police officer to accompany him on the pretext of some “business” visited the resort, observed nudists on the premises, then returned the next day with warrants and arrested three men (Earl Hildabridle and two others) and one woman on a charge of “indecent exposure”. The four nudists were convicted and appealed their conviction. The case wound up in the Michigan Supreme Court. 

The court found two issues…the first was the legality of the search and the second, nudity as indecent exposure. 

The Legality of the Search 

On this issue the Court was less than amused: 

“The fact is the record…is barren of any testimony these two officers went to the camp on June 15 for any other purpose than as an initial step in a plan to conduct a mass raid on the place.” And, further….the Chief Justice was outraged… 

“Yet to say this search was illegal is an understatement. What was indecent…indeed the one big indecency we find in this whole case : descending on these unsuspecting souls like storm troopers; herding them before clicking cameras like plucked chickens, hauling them away in police cars and questioning them for upwards of 5 ½ hours and taking still more pictures; and then, final irony swearing out warrants that one of their own number was the aggrieved victim of an indecent exposure. If this search was legal than any deputized window-peeper with a ladder can spy on any married couple and forthwith photograph and arrest them for exposing themselves to him.” 

The court went on to categorize further the violations to the 4 Amendment and other violations of civil rights in this case….which are entertaining and wonderful in their own right. However, the issue of nudity as “indecent exposure” is the primary purpose of this article and we’ll leave this part of the case with a clear understanding the search was tainted and inadmissable.

The Violation of the Statute (Prohibition against Indecent Exposure)

As the justices considered the case, the situation portrayed did not impress Justice Voelker… 

“…when the police arrived the defendants were sitting or standing in various leisurely attitudes alone or in family and other groups at or near a depressed pool or pond; there was not the slightest evidence by word or gesture of any act or sign of obscenity, lewdness, indecency or immorality. Except for the fact they were entirely unclothed they might have been any group of people enjoying a rural weekend outing.” The court went on to consider the history of Sunshine Gardens: 

“While this nudist camp had operated for 14 years none of the testifying officers had ever received or heard of a complaint against the place. The closest…was the testimony of a State trooper whom heard from a few disgruntled motorists he had ticketed and had “twitted” him about the place. So the presumably outraged community boils down to a knot of determined police officers who…after 14 years finally made up their minds to set a trap and tip over the place. And tip it they did.” 

Justice Voelker went on to spend time on the heart of the matter….the issue of whether simple nudism is a violation of the statute prohibiting “indecent exposure”. It is worth the ink here in the author’s view…and your attention to note a good portion of Justice Voelker’s thoughts…his argument is clear and compelling. And the author wanted you to see for yourself why this judge ruefully admitted he might be considered the “patron saint” of social nudism: 

“Lest I henceforth be heralded as the patron saint of nudism (which I probably will be anyway), I hasten to preface what follows by stating that I am not a disciple of the cult of nudism. Its presumed enchantments totally elude me. The prospect of displaying my unveiled person before others, or beholding others thus displayed, revolts and horrifies me. I think these people have carried an arguably valid basic idea ( the deliberate de emphasis of the prevailing Sestern body taboo, with the anticipated lessening and ultimate disappearance of the undoubted eroticism frequently attendant upon such taboo–that is the very opposite of indecency) to excessive lengths. 

Having said all that I have at once veered to the heart of the case. It is this: Whatever I or my associates (or the circuit judgment of the police or prosecutor, for that matter) may personally think of the practice has nothing to do with the case. More controlling is the fact that there are a number of earnest people in the world (including these defendants) who do subscribe to organized nudism and who think it is morally, mentally and physically healthful. But we need not speculate on or defend or attack the philosophy of nudism. The question before us is much simpler. Were these defendants guilty of making an indecent exposure? I say no.” 

“It is said there are hardy bands of sincere and earnest folk among us who likewise insist that all mental, moral and physical health depends on the regular consumption of vast quantities of bran. Others possess a similar passion for goat’s milk. Few molest them or even bother their heads about them unless they try too strenuously to impose or inflict their queer beliefs upon those who happen to loathe these items.”

“Thus, on the facts before us, do I equate the criminality of private social nudism – at least so far as this statute is concerned? Private fanaticism or even bad taste is not yet a ground for police interference. If eccentricity were a crime, then all of us were felons.”

Nudity and Indecent Exposure 

Judge Voelker goes on to discuss the whole question of the statute and the logic used to reach a conclusion of guilt. He notes that in a prior “Ring Case” “…my Brother (referring to another Justice on the court)has “leapt to the erroneous conclusion that nudity is synonymous with indecency. Both cases proceed on the basic assumption that nudity in itself is obscene or indecent….If this assumption were valid few artists could work from live models….and that stalwart badge of middle-class respectability National Geographic magazine would be banished from the hearth to the censor’s shears.”

Where from here? 

Judge Voelker goes on to describe his test for indecency (which the author will discuss in a follow on article). However in the meantime he is clear on whose responsibility it is to further address the issue of private nudism. 

“If private nudism is to be banished in this state as contrary to the public morality we think this attempt must be made by the legislature and not by the police or this Court, and certainly not be stretching out of shape the law of search and seizure and the proper meaning of this statute.” 

Ring Case 

As a final note, prosecutors had leaned on the “Ring Case” (which was a somewhat similar case and for which the court decided in favor of the prosecution) to attempt to convict Hildabridle. Judge Voelker wasn’t having it and effectively said that not only should Hildabridle et al go free….the Ring decision was a mistake. 

An aroused Judge has instead used this Court as a platform to tell the world what he thinks about such queer newfangled shenanigans as nudism. Now moral indignation is all very well, and many of us might do with more of it, but to indulge in it at the expense of basic constitutional rights and individual liberties can be an expensive and dangerous luxury. Moral indignation is a poor substitute for due process.” 

Epilogue 

The 1956 Hildabridle decision has had a marked influence on the state of nudist resorts in Michigan with several (unfortunately Sunshine Gardens is not among them) now doing well and most respected as visible legitimate business ventures, including the largest nudist resort in the Midwest, Turtle Lake Resort. 

While Judge Voelker may not be a patron saint of nudism he has done one of the finest jobs (in this author’s opinion) of stating the nudist case. He has articulated well (especially for a non-nudist) why nudism in and of itself is not indecent at all. And while he and others may not take to it, it is part of our constitutional guarantee to not be prosecuted simply because what we believe is not popular. Judge Voelker even attempted to help the legislation with a test for indecent exposure. That will be offered at another time…..

Thoughts from the NAC Chair: ArtPrize Entry Offers Snapshot of Our Culture

Part of NAC’s mission is to make naturism a mainstream part of society. To accomplish our mission, Bill Schroer, the NAC chair, is writing a monthly column on issues central to the acceptance (or not) of naturism in our society. In this piece, originally published in 2013, Bill reflects on one of the entries in ArtPrize, an international art competition held every two years in Grand Rapids. It has become a mainstay in the art world due to its $250,000 first prize. It is a fabulous event with artwork distributed throughout the downtown in stores, businesses, restaurants, in empty storefronts and on the street (usually sculptures).  

Of the 1,524 pieces of art being placed on display for the upcoming ArtPrize in Grand Rapids, four are getting all the comments (and press) already. 

One of the pieces had to be moved to avoid causing traffic accidents. Astute readers may either guess or have read about the four lifelike nude sculptures situated in front of DeVos Hall. 

What is adding to the interest (for me) and the indignation of some more upright citizens is the nudes are life-like in two ways: first they are anatomically correct with penises and vaginas, and secondly, they reflect the body shapes of average people… with the flaws, pear shaped bodies, and a lack of model attractiveness. 

Reading the comments made to the media, it’s difficult to tell which causes more outrage – the nudity or the fact the sculptures reflect average humans with the level of attractiveness most of us possess. 

“You know this is really one ugly… entry,” and, “The nudity doesn’t bother me a bit, but that is one ugly sculpture.” 

Then there was the anticipated outrage over the nudity

“Oh the insanity! Won’t somebody think of the children?” 

Some viewers though, absolutely were thinking of the children. “My son… and my girl… (6 and 2) wouldn’t think twice about these sculptures, except maybe they would be jealous that they (the sculptures) get to hang out in public without clothes on.” 

This mom went on to point out, “If you teach your kids that bodies are natural you won’t have to shield them from harmless things like this.” Is she from Europe or what? 

Of course, Europe has nude sculptures everywhere and Americans just have to deal with it when they’re over there. But to bring nude sculpture to Grand Rapids? Is this art or cheap sensationalist exploitation? I’m not qualified to answer that… but I will say I believe this is art and the reaction to it is a snapshot of American culture… which is often what art is about. 

As a naturist, when I talk about social nudism, I’m sometimes confronted by people who either believe non-sexual public nudity is immoral or, more often, “I would never let anyone see me nude (outside of my spouse).” 

“Why not?” 

“My body is terrible.” 

“No it isn’t…” 

But, far too many of us haven’t been able to accept our own bodies… let alone others. So when we see a nude sculpture, we get uncomfortable, and when we see one that reminds us of us… it’s even worse. 

It is the lack of acceptance of our own bodies, not the nudity that is affecting an entire generation (or the greater number thereof) of those children that one viewer was so distressed about. 

I gave a talk to the Optimists Club in Battle Creek recently about naturism and mentioned in the 1950s, segregated classes of boys (and I presume girls?) swam nude at Battle Creek Central and other school swimming pools. It was no big deal. Several of the older members of the audience perked right up when I mentioned this… and confirmed my report. They recalled swimming nude back then and smiled at the memories. 

Contrast that with today’s inability of schools to get students taking P.E. to take a shower afterward. The problem is so bad there are products on the market students use to camouflage the smell of body odor that comes from working out. They will buy and use those products rather than take their clothes off and take a shower. Want to talk about insanity? 

The sculptures at ArtPrize may shock or make some nervous… but they may just encourage some people (teens and up) to confront their bodies with a little more tolerance and acceptance. But don’t worry about the 2 and 6 year olds… they’re just fine with their bodies and being nude. Seeing this exhibit, they may well be jealous that those sculptures get to hang out in front of DeVos Hall without clothes on. 

Me too. 

May they hold that comfort level with their bodies as they grow. There may be hope for body acceptance in the future if we have enough exhibits like this. In the meantime, take your kids to ArtPrize and be open to the art. 

Thoughts from the NAC Chair: The Perfect Body

Part of NAC’s mission is to make naturism a mainstream part of society. To accomplish our mission, Bill Schroer, the NAC chair, is writing a monthly column on issues central to the acceptance (or not) of naturism in our society. Hopefully, the monthly column will provide a platform for readers to use for informing non-naturists about the values and benefits of non-sexual nudity in America.

Every society has a way of torturing its women, whether by binding their feet or by sticking them into whalebone corsets. What contemporary American culture has come up with is designer jeans.

Joel Yager, M.D.

In the 19th century, women of means had ribs removed to achieve a narrow waist… and then corsets created shortness of breath and dislocated visceral organs. Today, plastic surgery, liposuction and bariatric procedures are complemented by bulimia nervosa and anorexia nervosa. Patients are referred for treatment at ever younger ages (as young as 8). But there is no sign of slowing down:

  • Today’s model is 23% thinner than an average woman (in 1990 models were 8% thinner)
  • Eating disorders have increased 400% since the 1970s
  • Only 5% of women in the US fit the body type portrayed by the media

Men are not immune. “Thin, muscular” models drive gym memberships, waxing and plastic surgery equivalents. But, this phenomenon impacts women far more than men.

A key difference is the media. Television, magazines and the internet act as force multipliers creating a cultural imperative driving body image requirements to all time highs. And, body image and self-esteem are highly correlated. Body image affects self esteem (and vice-versa). Self-esteem affects decisions we make about our lives and bodies. Think ambition at school or work, drug use (or not), alcohol intake (more or less), sexual activity (responsible or not), relationship development, etc.

Few women (or men) can escape this influence on their psyche delivered every day. It is true not all women (or men) are affected. Many have positive self-esteem and reinforcement in their upbringing to have the “armor” needed to withstand the media driven cultural imperative. But, that’s our idea of success… some survive unscathed?

We like to think of ourselves as better than that. When we see how women are treated in places like Saudi Arabia (a “moderate” Islamist country) women have few rights, are kept isolated much of their lives, and have little control over their lives and bodies, we like to think we are superior. Maybe not so much.

Why am I so sensitive about this? I have seen how it can be and is different…in a naturist environment. Naturists live to a great extent within a subculture isolated from the rest of society. Some live nude at home (as I do), others are nude when they visit a naturist resort. The rest of society doesn’t notice naturists too much as the laws regarding public nudity have so far prevented naturists from practicing their philosophy in public.

While naturists aren’t immune from TV, the naturist society rules and culture are different. A key tenet of naturism is “body acceptance”. The notion is simple. Rule #1 is you don’t judge people by their appearance and any physical differences. The second rule is you accept your own body. And, the third rule is you accept others. No judgement, no gawking at some bodies and rolling your eyes at others, no beating yourself up for your tummy.

Isn’t body acceptance difficult where no one has clothes on? It’s actually pretty easy. The first thing you realize when visiting a nudist resort or community is there are no perfect bodies. And, because no one is wearing clothes there is no pretense. No trying to improve the bustline with the right bra, no tightening up the belt on the designer jeans. None of that.

As one woman who has had a double mastectomy explains on the film “Chasing the Sun” produced by the Naturist Society, “Here is where I am accepted for who I am…I don’t have to be ashamed of my body or my surgery here”. It may seem counterintuitive that by taking off your clothes you de-stigmatize your body and liberate yourself. But there it is.

We don’t all have to become naturists (although I would encourage it) to accept our own bodies, others’ bodies and to teach our daughters, wives and girlfriends the pressure is off. Lead a healthy, responsible life, take care of your body and don’t worry if you aren’t a size zero. You are a wonderful person and deserve to be respected for who you are, with or without clothes on.

A Public Beach Defense Advisory


Richard Mason, NAC Board Member

Before a naturist makes a decision to go to a specific beach location to get nude, they should have completed a “predictive thinking” mental exercise on how they would behave if approached by a law enforcement officer, how it would be best for them to act, and what they would do to try to avoid a ticket. By rehearsing those functions in advance, a person won’t panic and make mistakes that could make the situation more difficult for themselves. Your first thoughts should be on how to avoid a citation.

Documents

Before you stock the cooler, pack your “legal defense kit”. When you go to a public beach, you should have with you a copy of the following:

  • Your most current membership cards for The Naturist Society and/or The Naturist Society Foundation and/or the American Association for Nude Recreation and/or your local nudist resort or naturist beach group.
  • A copy of the Naturist Beach Etiquette
  • A copy of the Naturist Bill of Rights
  • A copy of your driver’s license
  • A copy of your passport
  • A copy of the 6th Amendment to the US Constitution


Put these, or copies of them, in a sturdy freezer quality zippered storage bag.

The importance of these documents is to differentiate yourself from the other people who may go nude with a sexual agenda in mind. It should go without saying, but if you have a condom in with these documents, it defeats the whole purpose.


Amendment VI of the United States Constitution
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Naturist Beach Etiquette

  • Please help keep the beach clean and remove your trash
  • Protect the dunes and do not walk on them
  • No glass containers on the beach
  • Pets are not permitted on the beach
  • The beach is not an ashtray
  • Use earphones or keep radio volume low
  • Please exercise common courtesy and ask permission before taking photos of those not in your party
  • Gawking or staring is rude!
  • Dress before leaving posted naturist area


Nudist Bill of Rights (link)

Considerations

  • The law enforcement officer does not know you, but he/she will most likely prejudge you based on his/her previous experiences.
  • You do not know why the law enforcement officer is there. They may be there on a specific complaint against you, or they may be there because the police department sheriff’s office has been receiving several complaints and the officer was sent there on a sweep.
  • It is important to know which reason sent them there so you can think out a defense strategy.
  • If they were sent there specifically on a complaint against you, it is important to know because that will kick-in specific US Constitutional protections. (Read the 6th Amendment to the US Constitution.)
  • If they are there on a general sweep, then the legal documents will be your first line of defense in differentiating you from the people they were sent there to cite.
  • Don’t reach into your beach bag at any time. If you have everything stowed in your beach bag, inform the officer and immediately give them permission to examine your beach bag. Obviously, your bag should already be clear of any recreational drugs or firearms.
  • Special note to top-free sunbathers: If an officer asks you to stand up, don’t reach into your beach bag for your bra top without asking permission first. If that request is ignored and you get a second command to stand, you must stand up – top or no top. If the officer is an aggressive officer, they can legally grab you
    and wrestle you to a standing position.
  • If you don’t stand up, the officer can also charge you for refusing a police command. Complying with law enforcement commands will help prevent added charges of obstruction.
  • By being pro-actively savvy and cooperative you may put the officer more at ease and establish a friendly atmosphere which can aid in diffusing the situation.
  • Inform the officer that if nude sunbathing is discouraged in that location, you will be happy to get dressed and leave the area.
  • At this point in time you must listen to the officer carefully. Show respect to the officer, no matter how upset you are about the situation. It helps!
  • If they indicate that they are going to write a citation, ask what law you are being charged with violating.
  • Most deputies and police officers do not know the laws as defined by court rulings (case law). They are trained at the police academy in state statute law and local ordinances. They only go by these and their, or their supervisor’s, personal prejudices.
  • In legal research leading up to the establishment of Florida’s Haulover Beach as a legally designated naturist beach, a case was found where a woman was arrested for swearing and cursing at a police officer who had gone to her home on a domestic violence call. The officer charged her with “swearing and cursing” at him — thus, offending him. To wit: disorderly conduct (southern-style). The judge ruled that the police officer was being paid to be offended and could not be an offended party in the case. This case was used as a “precedent” in South Florida Free Beach’s (SFFB’s) efforts to get citations dismissed. This case was from a small town in Florida and could easily be challenged as “not having standing” in any other jurisdictions because the judge who made that decision was in a lower court.
  • Remember, we are in Florida — as a southern state — and the laws on the books that we are dealing with were written during the time of slavery to control the black population. Those laws remained on the books after reconstruction and were known as the Jim Crow laws – The Antebellum reality.
  • They are still there although court decisions have ruled in certain cases that they do not apply. Federal civil-rights acts and court decisions are the controlling precedents in cases involved in constitutional rights, but you must know that to protect yourself. The law enforcement officers or the prosecutors will not teach you. This is when it is good for one to know about self-interest study and citizen responsibility.
  • In Florida, the disorderly conduct laws were used to staff convict road gangs. In the past, sheriffs would arrest black men and rent them out to farms and steel mills. A sheriff did not need to have much cause to cite a person for disorderly conduct or even have them arrested.
  • Because of the over-broad interpretation of the disorderly conduct statutes, they were also used against naturists who were sunbathing while merely nude.
  • A conflict arises between the disorderly conduct statutes, the way they are used in the southern states, and the US Constitution. Generally, a deputy is called to report a public nudity situation. They are then responding to a complaint.
  • Amendment 6 of the US Constitution states, and has been interpreted, that the witnesses must have provided a signed complaint or appear in court. In Miami at the police academy they teach that witnesses must sign a complaint and must also appear in court.
  • If there is no one to challenge that issue, it will be overlooked by the system; and not to the advantage of the defendant.
  • It really is a little complicated because if the prosecutor wants to convict you and he gets a judge that wants to convict you (to teach you a lesson), and if you don’t have an attorney, you most likely will be convicted in this casino.
  • Most important for you is to know that the judge and the prosecutors are not your attorneys, and they are not there to see you get justice. The judge is there to listen to arguments. If you have none, then the prosecutor’s words become the facts. The judge is there to review the charges brought against you. If you have no attorney to represent you and you do not know the law or your rights, the judge will accept the charges as being valid and convict you.
  • What has been learned time and time again is that the whole court system is like a casino, and one cannot necessarily expect justice there. If you want justice usually you must be willing to spend a lot of money on attorneys and appeals, and even then you may not necessarily get justice. You get a court ruling.
  • If you do not have the money to hire an attorney, there are public defenders and pro-bono attorneys available.
  • What is in our advantage, as naturists, is that the courts’ systems are clogged with cases, and the judges at the lower courts have been instructed to avoid jury and bench trials and to get the cases resolved at the court hearings. In most jurisdictions the hearing is the bench trial.
  • Also, in Florida there are a few court cases in our favor plus the jury instructions issued by the Florida Supreme Court which state that mere nudity is not lewd and lascivious.
  • If that sounds confusing, it is, but the person that speaks with an affirmative voice and has the right documents with them at court will usually win.
  • I, thru SFFB, have assisted with well over 200 cases. All were dismissed. We first educate the person who was cited. After hearing the elements of the case, we send them information that can help them get the case dismissed in court if they are planning to defend themselves.
  • We recommend they have an attorney. If the charge is disorderly conduct, they may get lucky on their own and get the case dismissed. If the charges are areas such as; indecent exposure, lewd & lascivious, or sexual enticement, these are serious, and a conviction may get you on the sexual predator list, which can ruin your life.
  • Nude sunbathing does not reach the level of indecent exposure, but you can get convicted without a strong defense. We work with public defenders and private attorneys.
  • Naturists need to take the time to study the court decisions concerning public nudity in the state they are living or even the state they are visiting for nude recreation.
  • Visit or speak to the public defender in your county or the county where nude recreation is located. Research the case law together or online or visit a public or university law library. There are students working in these libraries who can help you. Protect yourself and your colleagues.
  • Most attorneys do not know anything about public nudity law. If you do not know what questions to ask, you may get an attorney who will tell you to plead “No Contest”, which is basically a plea of “Guilty” in that it has the same primary legal effects as a guilty plea. However, you cannot appeal the judgement made against you.
  • Most citations written for mere nudity are written wrong, based on the differences between “mere nudity” and “nudity with intent to entice” or “nudity in an indecent manner”.
  • Protect yourself. Be smart — and polite — about it, and keep the legalities in mind. Please share this information with others too.